Russian law provides a large number of tax deductions for citizens. Among the most in — demand, paid on the basis of the purchase of the apartment, including when you use a mortgage loan. What are the specifics of this type of deduction? Under what schemes it is calculated and paid to the government?
Essence of return
Tax refund when buying an apartment (this procedure is also referred to as proprietary less) guaranteed by the legislation of the Russian Federation for the citizens who carried out transactions on purchase of residential properties. Corresponding payments by the state represented by the Federal tax service due to a citizen of the paid amounts of personal income tax from salaries and other income.
There are other options for leveraging the privileges in question. The fact that the tax deduction is not only due to the return of personal income tax, but also through legitimate failure to pay the relevant amounts to the state. That is the person who bought the apartment, may not list pit outside the values that form the limit on the amount of tax deduction. Another possible scenario is mutual credit obligations of the citizen to pay personal income tax, and those amounts are guaranteed by the state within the framework of the deduction. Next, we consider the features of the mentioned mechanisms in more detail.
It can be noted that the tax system of the Russian Federation in part of the obligations and compensation in real estate transactions in some way unique. For example, in neighboring Ukraine, despite some similarities of the legislation in similar legal relations provided for other taxes. And a tax deduction when buying an apartment in Ukraine, at least for now, is not established by law. In Belarus, by the way, these privileges are also not provided.
Due to what you can issue a deduction?
Due to some real estate transactions are income tax refund when buying a home? In accordance with the provisions of the law, it can be:
- the acquisition or construction of apartments, rooms or houses (fully or in the order of registration of share ownership)
- the purchase of land for subsequent use for residential construction, or residence in a building already built on it
- payment of bank interest on a mortgage loan for the construction or purchase of real estate;
- performing renovation or finishing in the living room.
There are scenarios in which the corresponding privilege cannot be granted. In some cases, you may encounter the same problem? Income tax refund when buying an apartment is not available, for example, if a citizen bought a property to the next of kin or other related parties, e.g. the employer. Another possible reason for the failure of the state to return tax deduction — the exhaustion of the applicant limit set by law to receive appropriate payments.
The amount of the deduction
The tax credit depends on two key parameters — the actual costs of the purchase or repair of real property (mortgage interest) and paid to the state personal income tax. What are the nuances of the appropriate "formula"? With regard to limit values appropriate compensation, it is 260 thousand rbl. – expenses for purchase or repair of the property and 390 thousand rubles on mortgage interest. Both — 13% of the maximum allowed by law, the costs of home purchase and transfers to the Bank account of the respective loan 2 million and RR 3 million, respectively.
The actual payment amount is determined by housing costs and mortgage payment. It may well be that the apartment will cost, for example, 1 million roubles In this case it is possible to return the tax deduction in the amount of 130 thousand rubles, so the expenses on the mortgage payments can be, for example, only 1.5 million rubles. In this case the citizen can expect a return in the form of a tax deduction only 195 thousand.
Compensation processing mechanisms
How to refund income tax when buying an apartment? To get a deduction through two main mechanisms. The first involves an annual listing of citizen government provisions of funds. In order to within dunnoo mechanism, for example, the amount of 260 thousand rubles were paid a lump sum, the citizen must obtain an annual income of 2 million rubles or more. But the average salary in Russia involves much smaller amount, so this scenario is quite rare. In practice, income tax refund when buying an apartment in the amount of 260 thousand rubles divided into several annual payments. Their value is directly determined by the actual income of the person.
The second mechanism assumes that a citizen can legally not pay income tax as long as its total calculated amount reaches the threshold indicators. That is, for example, when it is working and accountancy charges he paid the appropriate tax on it is not paid to the state.
The most important aspect, reflecting the specific execution deduction — changes in legislation, which came into force in 2014. That was before the reforms in question? In the previous version of the legislation limits the deduction amount to 260 thousand rubles, and could be used subject to the purchase of only one property.
Even if the apartment price was 1 million rubles, a citizen who on the basis of the relevant transaction refund of personal income tax could obtain it with only 130 thousand rubles and no more rights to tax payment had not, even if you later bought a new home. However, before the reform of 2014 has not been observed by us above limitations on the deduction of mortgage interest 390 thousand RUB the size of the compensation in no way limited.
Who benefits from change?
In 2014 entered into force the provisions of the law on which the deduction amount to 260 thousand. citizens had the opportunity to use due to any number of real estate transactions. However, it has been noted, the limitation on return of personal income tax paid mortgage interest. Income tax refund when buying an apartment in the mortgage, probably became less profitable. However, for transactions where the basis for deduction — the major cost of the apartment, we saw the obvious liberalization of the legal regulation.
Documents for returning personal income tax
Learn how to refund income tax when buying an apartment in practice. The most important aspect of this procedure is gathering the necessary documents. The personal income tax return on the basis of transactions for the acquisition of real estate the citizens exercise when interacting with the FTS. What type of sources they need to prepare for the successful execution deduction?
First you need to decide on which of the above two schemes, it will return the taxes. Many Russians prefer to use the appropriate privilege under a scheme for which a deduction is paid once a year. This is due to many reasons: for example, there is a version that the person is psychologically preferable to get your hands on a large sum at once than her, but monthly payments that can easily spill over into spending. Therefore, we agree that we have to use the mechanism, annual payments. How to refund income tax for the purchase of flats under the scheme, in question, in terms of preparation of necessary documents?
Sources that form a typical list, based on the requirements of the Federal Tax Service:
- the passport of the applicant for deduction
- income Declaration form 3-NDFL
- statement in the prescribed form;
- certificate form 2-pit (issued by the accounting Department at the principal place of work)
- documents confirming ownership of a dwelling (certificate of title or act of acceptance);
- sources reflecting the costs associated with the acquisition of real estate (for example, a contract of sale, where the amount of the transaction, bank statements);
- documents confirming that the applicant has a mortgage loan, as well as a schedule of payments on the loan (with the division of payments into those that cover the principal debt, and interest).
Where to take the documents?
All collected paper must be attributed to the territorial office, on at his residence at any time of the year that follows the one when the man made a deal on the apartment (or following it — if the person decided to apply for the deduction a few years after home purchase).
Within 3 months after receiving the documents, on should transfer the deduction to the account specified in the application for payment.
Do I have employment to obtain a deduction?
How to refund income tax when buying an apartment, if the applicant him temporarily out of work? In principle, this is not a problem if the person has other sources of income funds, which pay personal income tax, for example, if he provides services in civil contracts. Another option is the person paid to the Federal tax sales tax other property. As he is 13% and is classified as personal income tax, it can be returned within the framework of the mechanisms of return, referred to. We noted that rules can be applied, for example, for retirees who are not working.
Deduction and tax liabilities
A possible scenario in which a tax deduction, put off the citizen because of the purchase of housing, mutual follows will be read with the obligations to FNS in terms of paying personal income tax. For example, if he sold another apartment, the personal income tax that need to pay the resulting income can be reduced to the size of a property deduction or even to compensate for the expense. It is quite a popular scheme, in which returns of income tax. Tax benefits and deductions when buying and selling apartments — the phenomenon fairly widespread in the relevant field of legal relations with participation of citizens of the Russian Federation.
The most important thing in this scheme – to match the tax period in which the person, on the one hand, bought an apartment, on the other – made a transaction, the results of which he had the obligation to pay personal income tax to the state. In this case, on almost always without problems has agreed to offset the respective fees, which must be remitted to the national at the expense of the tax deduction, and those people, in turn, must calculate and pay the state the fact of the transaction.
Example of calculation of deduction
Consider how, in practice, the calculation and payment of compensation, the basis for which — sale. Income tax refund, as we noted above, can be carried out under the two schemes. Let us consider each of them in detail.
So, the first scheme — the deduction of annual payments in which the appeal to the FNS is carried out once a year at the end of the tax period when the transaction (suppose that a person asks for payment for the next year after home purchase). We agree also that the real estate purchased by a citizen in 2014 when the reform about which we said above was enacted.
So, the man bought an apartment at a price of 2.5 million rubles in may 2014. For its acquisition, he took a loan in the amount of 1.5 million rubles. at the rate of 10% per annum for 5 years. That is, payments on the loan will be about 25 thousand rubles. per month, percent of them — about 15 thousand rubles. under the provisions of the tax code, as we agreed, after the reform, employees may qualify for tax deductions:
- for the purchase of an apartment - in the amount of 13% of 2 million rubles (the maximum base for calculating payments under the law);
- for mortgage interest - in the amount of 13% of the respective payments to the bank (which monthly amount to about 25 thousand rubles), until the amount of payments reaches 390 thousand rubles.
Lawyers are advised to first get a deduction on the first base, and as soon as it runs out on the second. But in our case it does not matter, as the main task in this case is to trace the peculiarities of calculation and payment of appropriate compensation.
The person collected all the documents and took them on in April 2015. He is entitled to receive a lump-sum deduction for the period from may to December 2014, calculated on the basis of personal income tax paid to the Treasury. Agree that his only income source personal income tax — salary. Employees — employee oil and gas plant, his salary is higher than the average for Russia and she is, say, 120 thousand rubles. month. NDFL 13% it is equal to 15 600 roubles From may to December required transfers to the state budget will be 124 800 RUB. (for 8 months).
If on, the citizen has the full right to a tax refund when buying an apartment in the amount of 260 thousand RUB based on the cost of housing. But his paycheck, but rather, personal income tax, paid her only enough to return 124 800 RUB Them on listed citizen within 3 months upon submission of application to the Department.
The remaining funds (135 200 RUB.) people can get in 2016. But this time he will have the right to read with this purpose of personal income tax from the salary for all 12 months of 2015. Assuming that she is the same 120 thousand. the annual amount of tax remitted to the state will amount to RUB 187 of 200 What can it mean? First of all, the fact that the FNS will return him the remaining 135 200 RUB deduction for the purchase of an apartment. The office will remain to pay citizen more than 52 thousand RUB.
He will receive, in turn, for the mortgage interest. We agreed that from may 2014, a person pays 25 thousand rubles. per month monthly payments to the Bank. Percent of them — about 15 thousand rubles. That is for may-December of 2014 and throughout 2015, people will pay the Bank approximately 300 thousand. This amount will be reduced in 2016 by 52 thousand. according to the logic of the considered scheme. The rest of the people will be able to in 2017. However, if wages continue, the citizen is eligible for the mortgage interest paid only around until July 2016.
Why? We calculate that the marginal 390 thousand. mortgage interest citizen pays beginning in may 2014, approximately 26 months, i.e. until July 2016. Of the 300 thousand listed person to the Bank as interest until the end of 2015, as we remember, on returns of 52 thousand rubles. on account of personal income tax on wages. Remains 338 thousand Of them, he in 2017 will receive 187 200 due to the personal income tax on annual wages in 2016. The remaining 150 thousand 800 rubles in 2018 at the expense of wages for a few months in 2017.
Income tax refund when buying an apartment in the mortgage in the second scheme is somewhat simpler. People while maintaining your current job and paycheck will simply not pay income tax — in the amount of 15 600 thousand rubles. per month, until the sum first reaches 260 thousand rubles for the basic cost of buying apartments, and then 390 thousand. mortgage interest.
Some of these schemes it is better to choose? Experts ' opinions on this score vary widely. There are experts who believe that it is better to a little each month, as funds somehow gradually depreciate under the impact of inflation. Makes sense, therefore, to collect unpaid personal income tax monthly and transfer it to a Bank Deposit.
Other experts say that citizens, because of a large number of everyday expenses is not easy to postpone funds for the Deposit. Psychologically one is much easier to do this if he has a considerable sum on hand, as in the case of the scenario when issued the refund of the already paid income tax every year.